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The challenge to the vires of Sections 8(1)(d) and 8(1)(e) of the RTI Act is rejected- HC

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The writ petition challenging the order of the CIC is to be heard by a Single Judge of this Court but the same is listed before us because the petitioner has also sought a declaration of “Sections 8(1)(d) and 8(1)(e) of the Right to Information (RTI) Act, 2005 as ultra vires, unconstitutional and violative of Article 14 of the Constitution of India”.

It is contended, that the ‘proviso’ virtually takes away the exemption provided for in Sections 8(1)(d) and 8(1)(e) and is too widely worded leaving unguided discretion in the Competent Authority to override the exemption by citing public interest, without defining “larger public interest” and is thus arbitrary and violative of Article 14 of the Constitution of India. It is alternatively contended that the said ‘proviso’ may be required to be “read down”.

We are unable to find any merit in the challenge to the vires of the ‘proviso’ aforesaid to Sections 8(1)(d) and 8(1)(e).




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